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Terms of Service

§ 1 General Provisions

  1. The following Terms of Service set out the terms and conditions of services provided by electronic means by www.livewallpaper.io including the issues related to protection of users’ personal data, as well as their rights and obligations.

  2. Before using the Service, the User is obliged to become familiar with these Terms of Service.

  3. Before entering into a Contract of Use the Operator shall provide these Terms of Service to the User free of charge in electronic form, in a way which allows for its contents to be downloaded, stored and printed.
  4. From the first use of the Service the User is obliged to obey the terms and conditions set out herein.

§ 2 Definitions

  1. The Operator - Creaitivity Ltd based in Rotherham, Unit 4e Enterprise Court, Farfield Park, S63 5DB Rotherham, England, company registration number 09537142.
  2. The Portal - the internet portal maintained by the Operator at www.livewallpaper.io on the basis of the herein Terms of Service.
  3. The User - a private person with full legal capacity, a legal person, or an organizational unit of no legal personality, which is granted legal capacity by means of an act of law, which uses the Service provided by the Operator by means of the Internet Portal and in accordance with these Terms of Service.
  4. The Service - the process of providing the User with a web based tool which allows for creation of animated files in mp4 or gif formats to be used as wallpapers for Android-based mobile devices (smartphones or tablets).
  5. The Livewallpaper Application - the application which results from the use of the Service by the User.
  6. AdMob ID - an ID of a fullscreen advertising unit created within AdMob by a Google account (Interstitial Ad Unit ID).
  7. Terms of Service - the document herein.

§ 3 Terms and Conditions of Service

  1. Based on the Terms of Service listed herein, the Operator provides a Service which consists of provision of an Internet based tool which allows for creation of animated wallpaper for mobile devices.
  2. Access to the Service is not dependant on registration with the Portal.
  3. The Use of the Service by the User is free of charge.

  4. The Operator reserves the right to entrust management of the Portal to a third person, for which the User agrees by accepting the hereby Terms of Service.

  5. The User should meet the following conditions to use the Portal:

    • a) have Internet access,
    • b) have access to a current, updated version of a web browser (Google Chrome, Mozilla Firefox, Safari or Opera).

  6. The Operator reserves the right to modify the technical means by which the Service is provided.

  7. Provision of the service takes place through a web browser.
  8. In order to take advantage of the Service the User should use the form provided by the Operator to:
    • a) upload a source file from the hard drive of the device which is being used. The source file should be saved in mp4 or gif format,
    • b) type in the name of the animated wallpaper to be generated by the Operator and the name for the package,
    • c) type in their AdMob ID. In case the user does not have an AdMob account they can skip this step by marking the “I don’t have AdMob account” checkbox.
  9. After the User uses the Portal correctly, the Portal will generate a Livewallpaper Application ready to be installed on a mobile device.
  10. After it is generated by the Portal the Livewallpaper Application will become available for the User to download.
  11. After completing the form within the Portal the User will be redirected to a Livewallpaper Application status page. In order to monitor the status of the preparation of the Application the User can:
    • a) copy the unique web address of the status page for later use,
    • b) provide the Operator with their e-mail address to receive a notification from the Livewallpaper Application once the process is finished.
  12. The Livewallpaper Application will be available for download for a period of 2 (two) weeks after it has been generated by the Operator within the Portal.

§ 4 Advertising

  1. In accordance with § 3 point 8. letter c. of these Terms of Service the User has the right to type in their AdMob ID to allow presentation of adverts through AdMob by Google to users of Google Play, and clients of other such platforms offering mobile applications who download the Livewallpaper Application.
  2. By taking advantage of their right specified in § 3 point 8. letter c. and § 4 point 1. of these terms and conditions the User agrees for remuneration paid out by AdMob by Google in return for displaying advertisements within the Portal to be distributed in the following way:
    • a) 70% (seventy percent) will be transferred to the User,
    • b) 30% (thirty percent) will be transferred to the Operator.
  3. The User hereby agrees for their AdMob ID to be used for 70% (seventy percent) of advertisement impressions to third persons, while for the remaining 30% (thirty percent) of impressions the AdMob ID used will be the AdMob ID of the Operator.
  4. Any funds from the advertisements mentioned within § 4 point 2 will be distributed automatically.

§ 5 User’s Rights and Obligations

  1. The User is obliged to:
    • a) use the Portal in a way which will not interfere with the way it functions, in accordance with the reservation in § 6, point 2 of these Terms of Service,
    • b) use the Portal in compliance with the Law and these Terms of Service,
    • c) inform the Operator about any faults and defects within the Portal.
  2. The User has the right to uninterrupted access to the Portal.

§ 6 Operator’s Rights and Obligations

  1. The Operator is Obliged to:
    • a) provide uninterrupted access to the Portal, with the reservation of § 6 point 2 of these Terms and Conditions.
    • b) fix any faults and defects within the Portal reported by the User.
  2. The Operator has the right to temporarily suspend provision of the Service for the purpose of maintenance or modification of the Service. The operator has the right to send, via the User’s’ e-mail address(es), any technical notifications regarding the functioning or the delivery of the Service.

§ 7 Intellectual Property

  1. The User hereby declares that none of the materials in the form of mp4 and gif files uploaded to the system infringe any moral or economic rights of any third person.
  2. The User owns all moral and economic rights to the Livewallpaper Application they have generated with the use of the Service with the reservation mentioned in § 4 of these Terms of Service.
  3. The Operator does not bear any responsibility towards any third person for the use of materials by Users of the Livewallpaper Application in which the rights belong to a third person.

§ 8 Responsibilities

  1. The Operator does not bear any responsibility for any actions of the User undertaken with the use of the Livewallpaper Portal and Application.
  2. The Operator does not bear any responsibility for the financial result of the User’s activity.
  3. The Operator does not bear any responsibility for any technical problems or limitations of the User’s electronic equipment which result in the inability to use the Portal and the Service, especially those related to improper configuration of the web browser.
  4. The Operator does not bear any responsibility for infringement of the rights of third parties or damages to third parties resulting from, or in relation to the User’s activities.

§ 9 Personal Data Protection

  1. All personal data of the User remains within the control of the Operator.
  2. The Operator will only process personal data of the User of the Service for the purpose of delivering and maintaining the Service in accordance with these Terms of Service, using the necessary personal details provided through the Portal by the User.
  3. The Operator will specify which personal details are necessary for the Service to be properly delivered and maintained. The Operator may also process data, other than personal details, which are necessary for the Service to be delivered and maintained upon the user’s consent.
  4. The Operator will remain in possession of the User’s IP addresses, which are stored during the period of Service provision.
  5. Personal details of the User will be passed on to third parties within the scope necessary to provide the Service.
  6. The Operator will attach great importance to the issue of User privacy and personal data protection. As administrator of the personal data, the Operator will tend to the personal data entrusted by the Users. The data is protected and secure from third party access. The Operator will provide the User with the possibility to carry out their rights which result from the act of personal data protection, particularly the right to review and amend the data and the right to object as per the cases mentioned in the act.
  7. The Operator declares that cookie files are used, for which the User agrees.
  8. Personal data of the User may be used by the Operator for marketing purposes, particularly for the purpose of sending, placing and receiving marketing information by electronic means, upon the User’s consent.
  9. In case the personal details of the User are processed for purposes other than those necessary for the delivery and maintenance of the Service, the User may request for the Operator to stop processing their personal data. Such a request will be carried out immediately.
  10. The Operator reserves the right to disclose personal details of chosen Users, indicated upon a valid legal basis by proper authorities in compliance with current regulations. The Operator is obliged to immediately inform the User whose data is to be disclosed.

§ 10 Settling Disputes

  1. In case a dispute is raised as result of the provision of the Service by the Operator for the User, both sides shall first negotiate in an attempt to find an amicable solution. The User and the Operator shall negotiate in good faith and engage only such persons who hold the right to make valid decisions on their behalf.
  2. If, within 30 days of raising the dispute, the User and the Operator do not agree on a amicable solution, the dispute will be taken to a court of law having jurisdiction over the defendant.

§ 11 Contact Details

e-mail: contact@livewallpaper.io

address:

Creaitivity Ltd Unit 4e Enterprise Court Farfield Park S63 5DB Rotherham England

§ 12 Final Provisions

  1. These Terms of Service become valid as of January 14th, 2016.
  2. The Operator holds the right to change the Terms of Service. Any changes to the Terms of Service become binding 7 days after the publication of their contents on the Portal and the Users are informed of the publication.
  3. To all matters not settled herein, provisions of the Law of the Republic of Poland shall apply.